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The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf.

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0118181 Q2(a) Legal Practice I LA266 The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf. "...in legal terms, a personal injury is where a person, company or some other organisation is to blame (at least partly) for your injuries. They may have been 'negligent', which means the person or organisation did not take proper care in the way something was: done; made; or repaired."1 Before a claim can be made, a number of documents need to be looked at and prepared. It must be noted at this early stage however, that the limitation date must be noted. Generally, under s.11 of The Limitation Act 1980, the claimant has three years to make a claim. The period runs either from (i) The date on which the cause of action accrued or (ii) The date (if later) of the claimant's knowledge. As the client sustained her injuries through a road traffic accident, she would need to produce the other driver's car and insurance information. Also, a letter needs to be sent to the police station who dealt with the accident callout in order to obtain the accident report. Also, any CCTV footage or photographs of the accident scene, would be useful if available. ...read more.


Following this, it must be indicated that the client is claiming for general damages, i.e. pain and suffering and loss of amenity. For this reason, particulars of injury need to be set out. In relation to the client's case these would be; (a) two broken ribs (b) loss of three front teeth (c) broken nose (d) affected eyesight (e) both legs broken, left leg suffered a compound fracture (f) any mental suffering A medical report would need to be attached to the particulars of claim which deals with the above injuries. The client's date of birth needs to be given also. The reason being is that the age may affect the quantity of some of the damages she would receive. If the client wishes to claim for special damages, then these could either be attached to the particulars of claim or briefed in a separate document. The special damages need to have a specific amount. For instance, if the client wishes to claim for hospital treatment or prescriptions, the exact amount of expenditure needs to be given. The particulars of claim would generally be served with the claim for. If not however, it must be served no later than fourteen days following service of the claim form. ...read more.


For instance, the defendant could argue that some of her injuries could have been prevented or minimised if she was wearing a seat belt. If a medical expert witness verifies this then the quantum of damages Susan would receive could be less than the quantum she would have received if she were wearing a seat belt. The defendant needs to file his defence at court6. He has either fourteen days to do so after service of particulars of claim or twenty-eight days after he acknowledges service. 1 Article; CLS Information Leaflet Number 17 - Personal Injury, Complaining and Claiming Compensation. Publisher; The Legal Services Commission. Source; http://www.which.net/campaings/retail/cls/17.pdf 2 Sime.S 'A practical approach to civil procedure', chapter 7, page 68, Oxford. 3 Note; this is a general figure issued by http://www.clearanswers.co.uk/howmuch.html Other general figures which relate to some of the client's injuries are; (i) moderate arm injury �9,000 - �75,000 Severe arm injury with permanent disability �18,000 - �150,00 (it is unclear from the facts of the case instant which of the above would actually apply to the client) (ii) Nose injury up to �15,000 (iii) Teeth injuries up to �15,000 4 Sime.S 'A practical approach to civil procedure', chapter 7, page 71, Oxford. 5 Alex Lawrie Factors Ltd v. Morgan, Morgan and Turner, The Times, August 18, 1999 6 Civil Procedure Rules, rule 15.2 ?? ?? ?? ?? ...read more.

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